Federal Court rejects appeal by Bill Kayong’s murderer, upholds death penalty

KUCHING: The Federal Court here has rejected the appeal by social activist Bill Kayong’s murderer, Mohamad Fitri Pauzi, to have his death sentence commuted to a prison term today (Sept 26).

A three-judge panel, chaired by Tan Sri Abang Iskandar Abang Hashim, Datuk Seri Hasnah Datuk Mohammed Hashim and Datuk Rhodzariah Bujang, unanimously dismissed the 37-year-old’s appeal, upholding the death sentence.

In delivering the ruling, Abang Iskandar said the application to commute the death sentence to imprisonment should not be allowed.

“The killing was carried out with extreme cruelty, sparking public outrage.

“We take into account that this was a revenge-driven act, allegedly over a land dispute.

“Fitri planned the crime as his weapon of choice was not just a bullet, and indeed the victim died instantly when multiple pellets penetrated the lower part of his head,” he said.

He added that the circumstances of the case warranted the death penalty as a fair and appropriate punishment.

Earlier, Fitri made an application to review the sentence under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of The Federal Court) Act 2023, and the Abolition of Mandatory Death Penalty Act 2023, which allow the court discretion to review death penalty cases.

On March 15, 2022, the Federal Court unanimously upheld the mandatory death sentence after agreeing with the decisions of both the High Court and the Court of Appeal.

Fitri, who worked as a security guard at a night club, was convicted by the Miri High Court in 2018 for the murder of Bill Kayong. The incident took place at a traffic light intersection near a supermarket on Jalan Miri-Kuala Baram on June 21, 2016.

His appeal was also rejected at the Court of Appeal on Feb 18, 2020.

He was charged under Section 302 of the Penal Code, which carries the death penalty or imprisonment up to 40 years if not sentenced to death, and up to 12 lashes of the cane, upon conviction.

According to previous reports, when called to defend himself, Fitri failed to cast reasonable doubts about the prosecution’s case. DNA evidence found on a face mask and gun holster linked him to the crime.

Deputy public prosecutor Ng Siew Wee led the prosecution, while the appellant was represented by court-appointed counsel.